Arizona SB 1359 (Deepfakes in Election Communications)

Summary

Prohibits the creation and distribution of deceptive and fraudulent deepfakes of election candidates within ninety days before an election unless there is a clear disclosure that the content is generated by artificial intelligence.

Exempts satire, parody, and interactive computer services from this prohibition.

Imposes a civil penalty for each day a deceptive deepfake is distributed without the required disclosure.

Defines a "creator" as a person using AI or digital technology to generate synthetic media, excluding technology providers.

Clarifies "deceptive and fraudulent deepfake" as synthetic media intended to mislead people about a candidate's actions or statements.

Defines "synthetic media" as digitally manipulated images, audio, or video to create realistic but false impressions.

Segment 1

An Act AMENDING TITLE 16, CHAPTER 7, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 16-1023; RELATING TO ELECTION COMMUNICATIONS.

Be it enacted by the Legislature of the State of Arizona:

Prohibits the creation and distribution of AI-generated deceptive deepfakes of political candidates unless the media clearly discloses that it contains AI-generated content; exempts satire, parody, and interactive computer services; imposes civil penalties for each day a deceptive deepfake is distributed without the required disclosure; defines “synthetic media” and “deceptive and fraudulent deepfake.”

Section 1. Title 16, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 16-1023, to read:

16-1023. Deepfakes; candidates; political parties; exemptions; violation; classification; definitions

A. Within ninety days before an election at which a candidate for elected office will appear on the ballot, a person who acts as a creator shall not create and distribute a synthetic media message that the person knows is a deceptive and fraudulent deepfake of that candidate that is on that ballot unless the synthetic media message includes a clear and conspicuous disclosure that conveys to a reasonable person that the media includes content generated by artificial intelligence.

B. This section does not apply to:

1. Media that constitutes satire or parody.
2. An interactive computer service as defined in 47 United States Code section 230.

C. A person who fails to make the disclosure required under this section is liable for the civil penalty prescribed by section 16-937, subsection B, for each day that they distribute the deceptive and fraudulent deepfake without such disclosure.

D. For the purposes of this section:

1. "Creator": (a) means any person that uses artificial intelligence or other digital technology to generate synthetic media. (b) does not include the provider of any technology used in the creation of synthetic media.
2. "Deceptive and fraudulent deepfake" means synthetic media that depicts a candidate with knowledge of its falsity and the intent to injure the reputation of the candidate and that is intentionally calculated to mislead a reasonable person into concluding that a real individual said or did something that they did not say or do in reality.
3. "Synthetic media" means an image, audio recording or video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology in a manner to create a realistic but false image, audio or video.

Declares provisions severable if any part of the act is held invalid.

Sec. 2. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.